Alice-Mary Higgins (Independent) | Oireachtas source

To follow up on one point regarding amendment No. 37, when the Minister spoke about ensuring we do not have any ambiguity, the key concern is the specific technical processing. The Minister might be able to assure us that it will be the widest definition of specific technical processing and that we will not have a situation, for example, where the Government would decide that one particular form of processing was what was specific technical processing. That is something on which the Minister might be able to assure us because it is a key concern.

Regarding my specific question on section 54(3)(a)(iii), it refers to the restriction to data protection rights where money is due or owing to any other public authority or body. That is not a matter of interpretation for the Data Protection Commissioner. It is an explicit right to restrict data protection rights where money is owing to a public authority. The Minister might address the concern that by changing the definition of public authority to a private company contracted under paragraph (g) he is thereby opening up the provision in section 54(3)(a)(iii) and giving that body or company the right to restrict data protection rights when money is due. That is a specific concern.

We will have an opportunity to contribute again on the wider question. An information campaign is not what is needed. The Minister used the words "mandated" and "required". We will come later to the serious restrictions that are placed in terms of the way individuals can seek justice via the new data protection commission. I understand there will be huge resource implications and huge implications for our courts and restrictions in terms of certain areas of legal aid. In practical terms, I understand there is nothing to stop this State introducing complementary provisions in this Bill that set out, for example, clear criteria and clear, immediately accessible guidance, not information about the European regulations but regulations which are complementary and already in our Irish law. Why would we not put those into this Bill?